Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
M.S.JAWALKAR
Alfa Remidis Ltd., Nagpur, Through its Managing Director, Pritindarsingh S/o Bhupindarsingh Sethi – Appellant
Versus
Project Director, National Highway Authority of India – Respondent
JUDGMENT :
M.S. JAWALKAR, J.
1. ADMIT. Heard finally by consent of learned Counsel for the respective parties.
2. By the present Appeal, the Appellant is challenging the judgment and order dated 11/09/2023 passed by the learned District Judge-10, Nagpur, in Arbitration Case No. 272/2022, thereby, quashing and setting aside the Arbitral Award dated 22/11/2021, passed in Arbitration Case No. 193/ARB/2019-20 and allowing the Application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”) preferred by the Respondent Nos. 1 and 2.
3. The facts giving rise for filing of the present Arbitration Appeal are as under:-
The Appellant herein is the owner and possessor of all the piece and parcel of prime land bearing Survey No. 66 of total 0.1394 hectares (land acquired) of Village Mouza Pardi (Rithi) Tahsil-Saoner (Rural), District-Nagpur. On 27/03/2018, the learned Deputy Collector Land Officer (General), Nagpur & the Competent Authority for acquisition of lands for the National Highways, has acquired 0.1394 hectares of land out of 0.91 hectares for the National Highway No. 547-E as per Award in Land Acquisition Case No. 71/A-65/2016-201
Judicial review of arbitration awards under Section 34 of the Arbitration and Conciliation Act, 1996 is limited and interference is unwarranted unless there is a clear patent illegality or irrational....
Point of Law : Acquisition of Land – Compensation -None of them is applicable in the facts of the present case since those judgments have been referred under Indian Stamp Act whereas present case is ....
The nature and status of the land on the date of notification must be considered in determining compensation for land acquired under the NHAI Act, 1956, and settled legal principles must be applied i....
The court established that under statutory arbitration for land acquisition, the authority must ensure fair compensation based on proper assessment and documentation, highlighting a constitutional ob....
The court upheld the authority to modify arbitration awards in compensation cases if the original decision is perverse or against public policy, ensuring fair compensation is granted to landowners.
Point of Law : Once the time-limit or extended time-limit for challenging the arbitral award expires, the period for enforcing the award under Section 36 of the Arbitration Act commences.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
